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ENB Region 8 Completed Applications 06/02/2010

Monroe County

Applicant:

Dawn Viruso

Facility:

Viruso Property
41 Black Creek Cedar Dr
Rochester, NY

Application ID:

8-2622-00178/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Chili, Monroe County


Project Description:

The applicant proposes to place fill within approximately 0.075 acre of federally-regulated wetlands for the purpose of creating additional lawn space for residential use. The project site is located on the southwest side of Black Cedar Drive, about 1,200 feet from the intersection with Chestnut Ridge Road. The proposed project is a continuation of work already approved in 2006 by the U.S. Army Corps of Engineers for the filling of 0.1 acre of wetland pursuant to Section 404 Nationwide Permit #29.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 18, 2010.

Contact:

Scott Sheeley
NYSDEC Region 8 Headquarters
6274 E Avon-Li,a Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Steuben County

Applicant:

Corning Inc
ER-DN-01
Corning, NY 14831

Facility:

Corning Diesel Manufacturing Facility
890 Addison Rd (St Rte 417)
Painted Post, NY 14870

Application ID:

8-4642-00108/00002

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Erwin, Steuben County


Project Description:

The Department has received an application from Corning Incorporated for an initial Title V Facility Permit to authorize operations at the Corning Inc - Erwin Diesel Facility, which manufactures ceramic filters and substrates for diesel engine emission control devices. The Department has prepared a Draft Permit and has made a tentative determination to issue a Title V Facility Permit based on the application.

Due to potential emissions of particulate matter (PM), carbon monoxide (CO), and oxides of nitrogen (NOx) in excess of 100 tons per year each, and volatile organic compounds (VOC) in excess of 50 tons per year, the plant meets the definition of a Major Source in 6 NYCRR Part 201‑2.1(b)(21) and is subject to Part 201-6 Title V Facility Permits and Part 231 New Source Review (NSR) in Ozone Transport Regions. The facility is also subject to 40CFR63 Subpart B Maximum Achievable Control Technology (MACT) requirements due to potential emissions of HF in excess of 10 tons per year at the time of the initial Air State Facility Permit application. A recent expansion of the facility made it a Major Source as defined in 40CFR 52.21 Prevention of Significant Deterioration (PSD) due to potential CO emissions in excess of 250 tons per year.

The original Facility Emission Units U‑00001 through U-00005 vent rail car and truck unloading and transfer operations, batch silo storage and screening operations, wet and dry mixing operations, cutting operations, volatile organic liquid storage tanks, extruded ceramic drying operations, kilns firing extruded ceramic ware, and exempt sources such as unit heaters and emergency generators.

The initial Air State Facility Permit included conditions to restrict facility emissions of: NOx to 99 tons per year, below the NSR threshold of 100 tons per year; VOC to 122 tons per year, the level of emissions authorized by the emission offsets obtained for this facility pursuant to 6NYCRR Part 231‑2.9; and PM to 249 tons per year, below the 250 ton per year threshold in 40CFR 52.21, Subpart A PSD for new facilities in compliance areas.

A later modification (Mod 2) of the Air State Facility Permit to construct the additional Emission Unit U-00006 restricted: NOx emissions from U-00006 to 39 tons per year, below the 40 ton per year Part 231-2.2 NSR increase threshold, increasing facility potential to emit to 138 tons per year; and VOC emissions from U-00006 to 39 tons per year, also below the Part 231-2.2 NSR increase threshold, increasing facility potential to emit to 161 tons per year. Facility-wide particulate emissions remained restricted to a maximum of 249 tons per year.

Two minor modifications (Mod 1 and Mod 3) for the installation of control equipment did not involve emissions increases.

This Title V application includes corrected information from stack testing regarding CO emissions, indicating greater actual emissions than the AP-42 emission factors used in the initial applications. Based on corrected emission information, Corning Inc proposes to restrict potential CO emissions from the originally permitted Emission Units U-00001 through U-00005 to 249 tons per year, below the 40 CFR Part 52.21 PSD 250 ton per year threshold, and to restrict the newer Emission Unit U-00006 potential CO emissions to 99 tons per year, below the 40 CFR Part 52.21 PSD 100 ton per year threshold for a significant increase. Compliance Certification will require calculation of monthly emissions and 12 month rolling emission totals, with records and supporting information maintained on site for 5 years, and available to Department inspectors on request.

The application also proposes a 6 NYCRR Part 212 NOx RACT variance for the kilns. Corning has demonstrated that there is no economically feasible control technology to comply with the RACT requirements. The Draft Permit includes a NOx emission limit for each kiln and record keeping requirements to demonstrate compliance.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 05, 2010.

Contact:

Roger T McDonough
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


Wayne County

Applicant:

Midland Asphalt Materials Inc
640 Young St
Tonawanda, NY 14150 -4103

Facility:

Midland Asphalt Materials - Lyons
300 Cole Rd
Lyons, NY 14485

Application ID:

8-5428-00010/00001

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Lyons, Wayne County


Project Description:

The Department has received an application from Midland Asphalt Materials for a modification to the above referenced wastewater discharge permit. The proposed modification is due to the expansion of the secondary containment system for the facility and the addition of a Polymer Modified Asphalt Cement (PMAC) system to the facility. Specifically, the proposed modification includes updating the permittee name, contact information and discharge monitoring report mailing address; the addition of outfalls 003, 004, and 005 with the applicable effluent limits, action levels and monitoring; addition of an effluent limit for Chemical Oxygen Demand and monitoring for Total Dissolved Solids, Total Nitrogen, and Total Residual Chlorine for outfalls 001 and 002, addition of an effluent limit for temperature for outfall 002, reduction of action levels for outfalls 001, 01A and 002 to 50 micrograms per liter for Benzene, Toluene, Ethylbenzene, and Total Xylenes to reflect the benchmark values in the Multi-Sector General Permit; addition of a Water Treatment Chemicals page; and updates to the Best Management Practices pages. The proposed modification also includes the construction of a new building and tanks to house the PMAC process. This facility discharges process wastewater and stormwater to the NYS Barge Canal, a class C waterbody. Proper sedimentation and erosion controls will be utilized to maintain water quality standards.

The Department has made a tentative determination to issue this proposed permit modification. As a tentative determination, the Department is seeking public comment prior to making a final decision on permit issuance. A draft permit and fact sheet are available for review at the Department's Region 8 Avon office.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jul 02, 2010.

Contact:

Lisa M Porter
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
dep.r8@dec.ny.gov


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